HB-4997, As Passed House, October 29, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4997

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending sections 15, 16, 22, 26, 28, 29, 33, 35, 41, 42, 52,

 

55, and 57 (MCL 169.215, 169.216, 169.222, 169.226, 169.228,

 

169.229, 169.233, 169.235, 169.241, 169.242, 169.252, 169.255,

 

and 169.257), sections 15, 26, 29, 42, 52, and 57 as amended by

 

2001 PA 250, section 16 as amended by 2000 PA 50, sections 22,

 

28, and 41 as amended by 1999 PA 237, section 33 as amended by

 

1999 PA 238, section 35 as amended by 2000 PA 75, and section 55

 

as amended by 1995 PA 264, and by adding sections 43a and 48.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 15. (1) The secretary of state shall do all of the

 

 2  following:

 

 3        (a) Make available through his or her offices, and furnish

 

 1  to county clerks, appropriate forms, instructions, and manuals

 

 2  required by this act.

 

 3        (b) Develop a filing, coding, and cross-indexing system for

 

 4  the filing of required reports and statements consistent with the

 

 5  purposes of this act, and supervise the implementation of the

 

 6  filing systems by the clerks of the counties.

 

 7        (c) Receive all statements and reports required by this act

 

 8  to be filed with the secretary of state.

 

 9        (d) Prepare forms, instructions, and manuals required under

 

10  this act.

 

11        (e) Promulgate rules and issue declaratory rulings to

 

12  implement this act in accordance with the administrative

 

13  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

14        (f) Upon receipt of a written request and the required

 

15  filing, waive payment of a late filing fee if the request for the

 

16  waiver is based on good cause and accompanied by adequate

 

17  documentation. One or more of the following reasons constitute

 

18  good cause for a late filing fee waiver:

 

19        (i) The incapacitating physical illness, hospitalization,

 

20  accident involvement, death, or incapacitation for medical

 

21  reasons of a person required to file, a person whose

 

22  participation is essential to the preparation of the statement or

 

23  report, or a member of the immediate family of these persons.

 

24        (ii) Other unique, unintentional factors beyond the filer's

 

25  control not stemming from a negligent act or nonaction so that a

 

26  reasonably prudent person would excuse the filing on a temporary

 

27  basis. These factors include the loss or unavailability of

 

 1  records due to a fire, flood, theft, or similar reason and

 

 2  difficulties related to the transmission of the filing to the

 

 3  filing official, such as exceptionally bad weather or strikes

 

 4  involving transportation systems.

 

 5        (2) A declaratory ruling shall be issued under this section

 

 6  only if the person requesting the ruling has provided a

 

 7  reasonably complete statement of facts necessary for the ruling

 

 8  or if the person requesting the ruling has, with the permission

 

 9  of the secretary of state, supplied supplemental facts necessary

 

10  for the ruling. A request for a declaratory ruling that is

 

11  submitted to the secretary of state shall be made available for

 

12  public inspection within 48 hours after its receipt. An

 

13  interested person may submit written comments regarding the

 

14  request to the secretary of state within 10 business days after

 

15  the date the request is made available to the public. Within 45

 

16  business days after receiving a declaratory ruling request, the

 

17  secretary of state shall make a proposed response available to

 

18  the public. An interested person may submit written comments

 

19  regarding the proposed response to the secretary of state within

 

20  5 business days after the date the proposal is made available to

 

21  the public. Except as otherwise provided in this section, the

 

22  secretary of state shall issue a declaratory ruling within 60

 

23  business days after a request for a declaratory ruling is

 

24  received. If the secretary of state refuses to issue a

 

25  declaratory ruling, the secretary of state shall notify the

 

26  person making the request of the reasons for the refusal and

 

27  shall issue an interpretative statement providing an

 

 1  informational response to the question presented within the same

 

 2  time limitation applicable to a declaratory ruling. A declaratory

 

 3  ruling or interpretative statement issued under this section

 

 4  shall not state a general rule of law, other than that which is

 

 5  stated in this act, until the general rule of law is promulgated

 

 6  by the secretary of state as a rule under the administrative

 

 7  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, or

 

 8  under judicial order.

 

 9        (3) Under extenuating circumstances, the secretary of state

 

10  may issue a notice extending for not more than 30 business days

 

11  the period during which the secretary of state shall respond to a

 

12  request for a declaratory ruling. The secretary of state shall

 

13  not issue more than 1 notice of extension for a particular

 

14  request. A person requesting a declaratory ruling may waive, in

 

15  writing, the time limitations provided by this section.

 

16        (4) The secretary of state shall make available to the

 

17  public an annual summary of the declaratory rulings and

 

18  interpretative statements issued by the secretary of state.

 

19        (5) A person may file with the secretary of state a

 

20  complaint that alleges a violation of this act. Within 5 business

 

21  days after a complaint that meets the requirements of subsection

 

22  (6) is filed, the secretary of state shall give notice to the

 

23  person against whom the complaint is filed. The notice shall

 

24  include a copy of the complaint. Within 15 business days after

 

25  this notice is provided, the person against whom the complaint

 

26  was filed may submit to the secretary of state a response. The

 

27  secretary of state may extend the period for submitting a

 

 1  response an additional 15 business days for good cause. The

 

 2  secretary of state shall provide a copy of a response received to

 

 3  the complainant. Within 10 business days after receiving a copy

 

 4  of the response, the complainant may submit to the secretary of

 

 5  state a rebuttal statement. The secretary of state may extend the

 

 6  period for submitting a rebuttal statement an additional 10

 

 7  business days for good cause. The secretary of state shall

 

 8  provide a copy of the rebuttal statement to the person against

 

 9  whom the complaint was filed.

 

10        (6) A complaint under subsection (5) shall satisfy all of

 

11  the following requirements:

 

12        (a) Be signed by the complainant.

 

13        (b) State the name, address, and telephone number of the

 

14  complainant.

 

15        (c) Include the complainant's certification that, to the

 

16  best of the complainant's knowledge, information, and belief,

 

17  formed after a reasonable inquiry under the circumstances, each

 

18  factual contention of the complaint is supported by evidence.

 

19  However, if, after a reasonable inquiry under the circumstances,

 

20  the complainant is unable to certify that certain factual

 

21  contentions are supported by evidence, the complainant may

 

22  certify that, to the best of his or her knowledge, information,

 

23  or belief, there are grounds to conclude that those specifically

 

24  identified factual contentions are likely to be supported by

 

25  evidence after a reasonable opportunity for further inquiry.

 

26        (7) The secretary of state shall develop a form that

 

27  satisfies the requirements of subsection (6) and may be used for

 

 1  the filing of complaints.

 

 2        (8) A person who files a complaint with a false certificate

 

 3  under subsection (6)(c) is responsible for a civil violation of

 

 4  this act. A person may file a complaint under subsection (5)

 

 5  alleging that another person has filed a complaint with a false

 

 6  certificate under subsection (6)(c).

 

 7        (9) The secretary of state shall investigate the allegations

 

 8  under the rules promulgated under this act. Every 60 days after a

 

 9  complaint that meets the requirements of subsection (6) is filed

 

10  and until the matter is terminated, the secretary of state shall

 

11  mail to the complainant and to the alleged violator notice of the

 

12  action taken to date by the secretary of state, together with the

 

13  reasons for the action or nonaction.

 

14        (10) If the secretary of state determines that there may be

 

15  reason to believe that a violation of this act has occurred, the

 

16  secretary of state shall endeavor to correct the violation or

 

17  prevent a further violation by using informal methods such as a

 

18  conference, conciliation, or persuasion, and may enter into a

 

19  conciliation agreement with the person involved. Unless violated,

 

20  a conciliation agreement is a complete bar to any further action

 

21  with respect to matters covered in the conciliation agreement. If

 

22  the secretary of state is unable to correct or prevent further

 

23  violation by these informal methods, the secretary of state may

 

24  refer the matter to the attorney general for the enforcement of a

 

25  criminal penalty provided by this act or commence a hearing as

 

26  provided in subsection (11). If the violation involves the

 

27  attorney general or a campaign or committee with which the

 

 1  attorney general is connected, directly or indirectly, the

 

 2  director of elections shall refer the matter to the prosecuting

 

 3  attorney for the county of Ingham for the enforcement of a

 

 4  criminal penalty provided by this act.

 

 5        (11) The secretary of state may commence a hearing to

 

 6  determine whether a civil violation of this act has occurred. A

 

 7  hearing shall not be commenced during the period beginning 30

 

 8  days before an election in which the committee has received or

 

 9  expended money and ending the day after that election except with

 

10  the consent of the person suspected of committing a civil

 

11  violation. The hearing shall be conducted in accordance with the

 

12  procedures set forth in chapter 4 of the administrative

 

13  procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. If

 

14  after a hearing the secretary of state determines that a

 

15  violation of this act has occurred, the secretary of state may

 

16  issue an order requiring the person to pay a civil fine equal to

 

17  the amount of the improper contribution or expenditure plus not

 

18  more than $1,000.00 for each violation.

 

19        (12) A final decision and order issued by the secretary of

 

20  state is subject to judicial review as provided by chapter 6 of

 

21  the administrative procedures act of 1969, 1969 PA 306, MCL

 

22  24.301 to 24.306. The secretary of state shall deposit a civil

 

23  fine imposed under this section in the general fund. The

 

24  secretary of state may bring an action in circuit court to

 

25  recover the amount of a civil fine.

 

26        (13) When a report or statement is filed under this act, the

 

27  secretary of state shall review the report or statement and may

 

 1  investigate an apparent violation of this act under the rules

 

 2  promulgated under this act. If the secretary of state determines

 

 3  that there may be reason to believe a violation of this act has

 

 4  occurred and the procedures prescribed in subsection (10) have

 

 5  been complied with, the secretary of state may refer the matter

 

 6  to the attorney general for the enforcement of a criminal penalty

 

 7  provided by this act, or commence a hearing under subsection (11)

 

 8  to determine whether a civil violation of this act has occurred.

 

 9  If the violation involves the attorney general or a campaign or

 

10  committee with which the attorney general is connected, directly

 

11  or indirectly, the director of elections shall refer the matter

 

12  to the prosecuting attorney for the county of Ingham for the

 

13  enforcement of a criminal penalty provided by this act.

 

14        (14) Unless otherwise specified in this act, a person who

 

15  violates a provision of this act is subject to a civil fine of

 

16  not more than $1,000.00 for each violation. A civil fine is in

 

17  addition to, but not limited by, a criminal penalty prescribed by

 

18  this act.

 

19        (15) In addition to any other sanction provided for by this

 

20  act, the secretary of state may require a person who files a

 

21  complaint with a false certificate under subsection (6)(c) to do

 

22  either or both of the following:

 

23        (a) Pay to the secretary of state some or all of the

 

24  expenses incurred by the secretary of state as a direct result of

 

25  the filing of the complaint.

 

26        (b) Pay to the person against whom the complaint was filed

 

27  some or all of the expenses, including, but not limited to,

 

 1  reasonable attorney fees incurred by that person in proceedings

 

 2  under this act as a direct result of the filing of the complaint.

 

 3        (16) There is no private right of action, either in law or

 

 4  in equity, under this act. The remedies provided in this act are

 

 5  the exclusive means by which this act may be enforced and by

 

 6  which any harm resulting from a violation of this act may be

 

 7  redressed.

 

 8        (17) The secretary of state may waive the filing of a

 

 9  campaign statement required under section 33, 34, or 35 if the

 

10  closing date of the particular campaign statement falls on the

 

11  same or a later date as the closing date of the next campaign

 

12  statement filed by the same person, or if the period that would

 

13  be otherwise covered by the next campaign statement filed by the

 

14  same person is 10 days or less.

 

15        (18) The clerk of each county shall do all of the following:

 

16        (a) Make available through the county clerk's office the

 

17  appropriate forms, instructions, and manuals required by this

 

18  act.

 

19        (b) Under the supervision of the secretary of state,

 

20  implement the filing, coding, and cross-indexing system

 

21  prescribed for the filing of reports and statements required to

 

22  be filed with the county clerk's office.

 

23        (c) Receive all statements and reports required by this act

 

24  to be filed with the county clerk's office.

 

25        (d) Upon written request, waive the payment of a late filing

 

26  fee if the request for a waiver is based on good cause as

 

27  prescribed in subsection (1)(f).

 

 1        Sec. 16. (1) A filing official shall make a statement or

 

 2  report required to be filed under this act available for public

 

 3  inspection and reproduction, commencing as soon as practicable,

 

 4  but not later than the third business day following the day on

 

 5  which it is received, during regular business hours of the filing

 

 6  official. If the report is a report of a late contribution under

 

 7  section 32(1) made to the secretary of state, the secretary of

 

 8  state shall also make the report or all of the contents of the

 

 9  report available to the public on the internet, without charge,

 

10  as soon as practicable but not later than the end of the business

 

11  day on which it is received, at a single website established and

 

12  maintained by the secretary of state.

 

13        (2) A copy of a statement or part of a statement shall be

 

14  provided by a filing official at a reasonable charge.

 

15        (3) A statement open to the public under this act shall not

 

16  be used for any commercial purpose.

 

17        (4) Except as otherwise provided in this subsection, a

 

18  statement of organization filed under this act with a filing

 

19  official who is not the secretary of state shall be preserved by

 

20  that filing official for 5 years from the official date of the

 

21  committee's dissolution. A statement of organization filed under

 

22  this act with a filing official who is not the secretary of state

 

23  that is filed by a committee that received more than $50,000.00

 

24  in an election cycle shall be preserved by that filing official

 

25  for 15 years from the official date of the committee's

 

26  dissolution. A statement of organization filed under this act

 

27  with the secretary of state shall be preserved by the secretary

 

 1  of state for 15 years from the official date of the committee's

 

 2  dissolution. Except as otherwise provided in this subsection, any

 

 3  other statement or report filed under this act with a filing

 

 4  official who is not the secretary of state shall be preserved by

 

 5  that filing official for 5 years from the date the filing

 

 6  occurred. Any other statement or report filed under this act with

 

 7  a filing official who is not the secretary of state that is filed

 

 8  by a committee that received more than $50,000.00 in an election

 

 9  cycle shall be preserved by that filing official for 15 years

 

10  from the date the filing occurred. Any other statement or report

 

11  filed under this act with the secretary of state shall be

 

12  preserved by the secretary of state for 15 years from the date

 

13  the filing occurred. Upon a determination under section 15 that a

 

14  violation of this act has occurred, all complaints, orders,

 

15  decisions, or other documents related to that violation shall be

 

16  preserved by the filing official who is not the secretary of

 

17  state or the secretary of state for 15 years from the date of the

 

18  court determination or the date the violations are corrected,

 

19  whichever is later. Statements and reports filed under this act

 

20  may be reproduced pursuant to the records media reproduction act,

 

21  1992 PA 116, MCL 24.401 to 24.403 24.406. After the required

 

22  preservation period, the statements and reports, or the

 

23  reproductions of the statements and reports, may be disposed of

 

24  in the manner prescribed in the management and budget act, 1984

 

25  PA 431, MCL 18.1101 to 18.1594, and 1913 PA 271, MCL 399.1 to

 

26  399.10.

 

27        (5) A charge shall not be collected by a filing official for

 

 1  the filing of a required statement or report or for a form upon

 

 2  which the statement or report is to be prepared, except a late

 

 3  filing fee required by this act.

 

 4        (6) A filing official shall determine whether a statement or

 

 5  report filed under this act complies, on its face, with the

 

 6  requirements of this act and the rules promulgated under this

 

 7  act. The filing official shall determine whether a statement or

 

 8  report that is required to be filed under this act is in fact

 

 9  filed. Within 4 business days after the deadline for filing a

 

10  statement or report under this act, the filing official shall

 

11  give notice to the filer by registered mail of an error or

 

12  omission in the statement or report and give notice to a person

 

13  the filing official has reason to believe is a person required to

 

14  and who failed to file a statement or report. A failure to give

 

15  notice by the filing official under this subsection is not a

 

16  defense to a criminal action against the person required to file.

 

17        (7) Within 9 business days after the report or statement is

 

18  required to be filed, the filer shall make any corrections in the

 

19  statement or report filed with the appropriate filing official.

 

20  If the report or statement was not filed, then the report or

 

21  statement shall be late filed within 9 business days after the

 

22  time it was required to be filed and shall be is subject to late

 

23  filing fees.

 

24        (8) After 9 business days and before 12 business days have

 

25  expired after the deadline for filing the statement or report,

 

26  the filing official shall report errors or omissions that were

 

27  not corrected and failures to file to the attorney general or, if

 

 1  the errors or omissions or failure to file involves the attorney

 

 2  general or a campaign or committee with which the attorney

 

 3  general is connected, directly or indirectly, the director of

 

 4  elections shall refer the matter to the prosecuting attorney for

 

 5  the county of Ingham for the enforcement of a criminal penalty

 

 6  provided by this act.

 

 7        (9) A statement or report required to be filed under this

 

 8  act shall be filed not later than 5 p.m. of the day in which it

 

 9  is required to be filed. A preelection statement or report due on

 

10  July 25 or October 25 under section 33 that is postmarked by

 

11  registered or certified mail, or sent by express mail or other

 

12  overnight delivery service, at least 2 days before the deadline

 

13  for filing is filed within the prescribed time regardless of when

 

14  it is actually delivered. Any other statement or report required

 

15  to be filed under this act that is postmarked by registered or

 

16  certified mail or sent by express mail or other overnight

 

17  delivery service on or before the deadline for filing is filed

 

18  within the prescribed time regardless of when it is actually

 

19  delivered.

 

20        Sec. 22. A committee treasurer or other individual

 

21  designated on the statement of organization as responsible for

 

22  the committee's record keeping, report preparation, or report

 

23  filing shall keep detailed accounts, records, bills, and receipts

 

24  as required to substantiate the information contained in a

 

25  statement or report filed pursuant to under this act or rules

 

26  promulgated under this act. The treasurer shall record the name

 

27  and address of a person from whom a contribution is received

 

 1  except for contributions of $20.00 or less received pursuant to

 

 2  section 41(3). The records of a committee shall be preserved for

 

 3  5 years and shall be made available for inspection as authorized

 

 4  by the secretary of state. A treasurer or other individual

 

 5  designated as responsible for the committee's record keeping,

 

 6  report preparation, or report filing who knowingly violates this

 

 7  section is subject to a civil fine of not more than $1,000.00.

 

 8        Sec. 26. (1) A campaign statement of a committee, other than

 

 9  a political party committee, required by this act shall contain

 

10  all of the following information:

 

11        (a) The filing committee's name, address, and telephone

 

12  number, and the full name, residential and business addresses,

 

13  and telephone numbers of the committee treasurer or other

 

14  individual designated as responsible for the committee's record

 

15  keeping, report preparation, or report filing.

 

16        (b) Under the heading "receipts", the total amount of

 

17  contributions received during the period covered by the campaign

 

18  statement; under the heading "expenditures", the total amount of

 

19  expenditures made during the period covered by the campaign

 

20  statement; and the cumulative amount of those totals. Forgiveness

 

21  of a loan shall not be included in the totals. Payment of a loan

 

22  by a third party shall be recorded and reported as an in-kind

 

23  contribution by the third party. In-kind contributions or

 

24  expenditures shall be listed at fair market value and shall be

 

25  reported as both contributions and expenditures. A contribution

 

26  or expenditure that is by other than completed and accepted

 

27  payment, gift, or other transfer, that is clearly not legally

 

 1  enforceable, and that is expressly withdrawn or rejected and

 

 2  returned before a campaign statement closing date need not be

 

 3  included in the campaign statement and if included may, in a

 

 4  later or amended statement, be shown as a deduction, but the

 

 5  committee shall keep adequate records of each instance.

 

 6        (c) The balance of cash on hand at the beginning and the end

 

 7  of the period covered by the campaign statement.

 

 8        (d) The total amount of contributions received during the

 

 9  period covered by the campaign statement from persons who

 

10  contributed more than $20.00.

 

11        (e) The total amount of contributions received during the

 

12  period covered by the campaign statement from persons who

 

13  contributed $20.00 or less.

 

14        (f) The total amount of contributions of $20.00 or less

 

15  received during the period covered by the campaign statement and

 

16  the cumulative amount of the contributions received by the filer

 

17  pursuant to section 41(3).

 

18        (g) (d) The following information regarding each fund-

 

19  raising event shall be included in the report:

 

20        (i) The type of event, date held, address and name, if any,

 

21  of the place where the activity was held, and approximate number

 

22  of individuals participating or in attendance.

 

23        (ii) The total amount of all contributions of more than

 

24  $20.00.

 

25        (iii) The total amount of contributions of $20.00 or less.

 

26        (iv) (iii) The gross receipts of the fund-raising event.

 

27        (v) (iv) The expenditures incident to the event.

 

 1        (h) (e) The full name of each individual from whom

 

 2  contributions totaling more than $20.00 are received during the

 

 3  period covered by the campaign statement, together with the

 

 4  individual's street address, the amount contributed, the date on

 

 5  which each contribution was received, and the cumulative amount

 

 6  contributed by that individual. The occupation, employer, and

 

 7  principal place of business shall be stated if the individual's

 

 8  cumulative contributions are more than $100.00.

 

 9        (i) (f) The cumulative amount contributed and the name and

 

10  address of each individual, except those individuals reported

 

11  under subdivision (e) (h), who contributed a total of more than

 

12  $20.00 to the committee. The occupation, employer, and principal

 

13  place of business shall be stated for each individual who

 

14  contributed more than $100.00.

 

15        (j) (g) The name and street address of each person, other

 

16  than an individual, from whom contributions are received during

 

17  the period covered by the campaign statement, together with an

 

18  itemization of the amounts contributed, the date on which each

 

19  contribution was received, and the cumulative amount contributed

 

20  by that person.

 

21        (k) (h) The name, address, and amount given by an individual

 

22  who contributed more than $20.00 to the total amount contributed

 

23  by a person who is other than a committee or an individual. The

 

24  occupation, employer, and principal place of business shall be

 

25  stated if the individual contributed more than $100.00 of the

 

26  total amount contributed by a person who is other than a

 

27  committee or an individual.

 

 1        (l) (i) The cumulative total of expenditures of $50.00 or

 

 2  less made during the period covered by the campaign statement

 

 3  except for expenditures made to or on behalf of another

 

 4  committee, candidate, or ballot question.

 

 5        (m) (j) The full name and street address of each person to

 

 6  whom expenditures totaling more than $50.00 were made, together

 

 7  with the amount of each separate expenditure to each person

 

 8  during the period covered by the campaign statement; the purpose

 

 9  of the expenditure; the full name and street address of the

 

10  person providing the consideration for which any expenditure was

 

11  made if different from the payee; the itemization regardless of

 

12  amount of each expenditure made to or on behalf of another

 

13  committee, candidate, or ballot question; and the cumulative

 

14  amount of expenditures for or against that candidate or ballot

 

15  question for an election cycle. An expenditure made in support of

 

16  more than 1 candidate or ballot question, or both, shall be

 

17  apportioned reasonably among the candidates or ballot questions,

 

18  or both.

 

19        (2) A candidate committee or ballot question committee shall

 

20  report all cumulative amounts required by this section on a per

 

21  election cycle basis. Except for subsection (1)(j) (1)(m), an

 

22  independent committee or political committee shall report all

 

23  cumulative amounts required by this section on a calendar year

 

24  basis.

 

25        (3) A campaign statement of a committee, in addition to the

 

26  other information required by this section, shall include an

 

27  itemized list of all expenditures during the reporting period for

 

 1  election day busing of electors to the polls, get-out-the-vote

 

 2  activities, slate cards, challengers, poll watchers, and poll

 

 3  workers.

 

 4        (4) For a reporting period in which a contribution is

 

 5  received that is to be part of a bundled contribution or a

 

 6  reporting period in which a bundled contribution is delivered to

 

 7  the candidate committee of a candidate for statewide elective

 

 8  office, a bundling committee shall report to the secretary of

 

 9  state, on a form provided by the secretary of state, all of the

 

10  following information, as applicable, about each contribution

 

11  received or delivered as part of a bundled contribution, and

 

12  about each bundled contribution delivered, in the reporting

 

13  period:

 

14        (a) The amount of each contribution of more than $20.00, the

 

15  date it was received by the bundling committee, and the candidate

 

16  for statewide elective office whom the contributor designated as

 

17  the intended recipient.

 

18        (b) Each contributor's The name and address of each person

 

19  that contributes more than $20.00 during the period covered by

 

20  the statement and, for each contribution exceeding $100.00, the

 

21  contributor's occupation, employer, and principal place of

 

22  business.

 

23        (c) The date each contribution is delivered to the

 

24  candidate's statewide elective office candidate committee.

 

25        (d) The total amount of bundled contributions delivered to

 

26  that candidate committee during the reporting period and during

 

27  the election cycle.

 

 1        (5) With its delivery of a bundled contribution to the

 

 2  candidate committee of a candidate for statewide elective office,

 

 3  a bundling committee shall deliver a report to that candidate

 

 4  committee, on a form provided by the secretary of state, that

 

 5  includes all of the following information, as applicable, about

 

 6  each contribution delivered as part of the bundled contribution,

 

 7  and about all bundled contributions delivered to that candidate

 

 8  committee in the election cycle:

 

 9        (a) The amount of each contribution of more than $20.00, the

 

10  date it was received by the bundling committee, and the statewide

 

11  elective office candidate the contributor designated as the

 

12  intended recipient.

 

13        (b) Each contributor's The name and address of each person

 

14  that contributes more than $20.00 during the period covered by

 

15  the statement and, for each contribution exceeding $100.00, the

 

16  contributor's occupation, employer, and principal place of

 

17  business.

 

18        (c) The total amount of bundled contributions delivered to

 

19  that candidate committee during the reporting period and during

 

20  the election cycle.

 

21        (6) For a reporting period in which a bundled contribution

 

22  is received, a candidate committee of a candidate for statewide

 

23  elective office shall report to the secretary of state, on a form

 

24  provided by the secretary of state, all of the following

 

25  information, as applicable, about each contribution delivered as

 

26  part of a bundled contribution received in the reporting period

 

27  and about all bundled contributions received by that candidate

 

 1  committee:

 

 2        (a) The amount of each contribution of more than $20.00, the

 

 3  date it was received by the candidate committee, and the name of

 

 4  the bundling committee that delivered the contribution.

 

 5        (b) Each contributor's The name and address of each person

 

 6  that contributes more than $20.00 during the period covered by

 

 7  the statement and, for each contribution exceeding $100.00, the

 

 8  contributor's occupation, employer, and principal place of

 

 9  business.

 

10        (c) The total amount of bundled contributions received by

 

11  that candidate committee during the reporting period and during

 

12  the election cycle.

 

13        Sec. 28. (1) Interest received by a committee on an account

 

14  consisting of funds money belonging to the committee shall not be

 

15  considered a contribution to the committee but the committee

 

16  shall report its receipt on a campaign statement as interest. A

 

17  committee shall report interest paid by the committee on a

 

18  campaign statement as an expenditure.

 

19        (2) A committee shall report a loan with an outstanding

 

20  balance made or received in a separate schedule attached to the

 

21  campaign statement providing the date and amount of the loan, the

 

22  date and amount of each payment, the amount of cumulative

 

23  payments, the amount of the outstanding balance, and whether the

 

24  loan payments were made by money, services, property, or other

 

25  means. The committee shall provide the name and address of the

 

26  lender and each person who is liable directly, indirectly, or

 

27  contingently on each loan of more than $20.00. The committee

 

 1  shall provide the occupation and employer, if any, of the lender

 

 2  and each person if the loan is for more than $100.00. If a loan

 

 3  is paid off within a reporting period, this activity need not be

 

 4  reported on a separate schedule to the campaign statement.

 

 5  However, if a loan is forgiven, the committee shall detail that

 

 6  fact on a separate schedule to the campaign statement.

 

 7        (3) Accompanying a campaign statement reporting the receipt

 

 8  of a contribution of more than $20.00 from a person whose

 

 9  treasurer does not reside in, whose principal office is not

 

10  located in, or whose funds are money is not kept in this state ,

 

11  shall be a statement certified as true and correct by an officer

 

12  of the contributing person setting forth the full name, address,

 

13  along with the amount contributed, of each person who contributed

 

14  more than $20.00 to the total amount of the contribution. The

 

15  occupation, employer, and principal place of business shall be

 

16  stated for each person who contributed more than $100.00. This

 

17  subsection does not apply if the contributing person is

 

18  registered as a committee under section 24.

 

19        Sec. 29. (1) A campaign statement filed by a political party

 

20  committee shall contain all of the following information:

 

21        (a) The full name and street address of each person from

 

22  whom contributions totaling more than $20.00 are received in a

 

23  calendar year, the amount, and the date or dates contributed;

 

24  and, if the person is a committee, the name and address of the

 

25  committee and the full name of the committee treasurer, together

 

26  with the amount of the contribution and the date received. The

 

27  occupation, employer, and principal place of business, if any,

 

 1  shall be listed for each person from whom contributions totaling

 

 2  more than $100.00 are received in a calendar year.

 

 3        (b) Accompanying a campaign statement reporting the receipt

 

 4  of a contribution of more than $20.00 from a committee or person

 

 5  whose treasurer does not reside in, whose principal office is not

 

 6  located in, or whose funds are money is not kept in this state,

 

 7  and whose committee has not filed a statement of organization as

 

 8  required in section 24, shall be a statement setting forth the

 

 9  full name and address of the treasurer of the committee.

 

10        (c) An itemized list of all expenditures, including in-kind

 

11  contributions and expenditures and loans, made during the period

 

12  covered by the campaign statement that were contributions to a

 

13  candidate committee of a candidate for elective office or a

 

14  ballot question committee; or independent expenditures in support

 

15  of the qualification, passage, or defeat of a ballot question or

 

16  in support of the nomination or election of a candidate for

 

17  elective office or the defeat of any of the candidate's

 

18  opponents.

 

19        (d) The total expenditure by the committee for each

 

20  candidate for elective office or ballot question in whose behalf

 

21  an independent expenditure was made or a contribution was given

 

22  for the election cycle.

 

23        (e) The filer's name, address, and telephone number, if

 

24  available, if any, and the full name, address, and telephone

 

25  number, if available, of the committee treasurer.

 

26        (2) The committee shall identify an expenditure listed under

 

27  subsection (1)(c) as an independent expenditure or as a

 

 1  contribution to a candidate committee or a ballot question

 

 2  committee.

 

 3        (3) The committee shall designate for a contribution to or

 

 4  on behalf of a candidate committee or ballot question committee

 

 5  listed under subsection (1)(c) the name and address of the

 

 6  committee, the name of the candidate and the office sought, if

 

 7  any, the amount contributed, and the date of contribution.

 

 8        (4) The committee shall designate for an independent

 

 9  expenditure listed under subsection (1)(c) either the name of the

 

10  candidate for whose benefit the expenditure was made and the

 

11  office sought by the candidate, or a brief description of the

 

12  ballot question for which the expenditure was made; the amount,

 

13  date, and purpose of the expenditure; and the full name and

 

14  address of the person to whom the expenditure was made.

 

15        (5) The committee shall apportion an expenditure listed that

 

16  was made in support of more than 1 candidate or ballot question,

 

17  or both, reasonably among the candidates or ballot questions, or

 

18  both.

 

19        (6) A campaign statement of a committee, in addition to the

 

20  other information required by this section, shall include an

 

21  itemized list of all expenditures during the reporting period for

 

22  election day busing of electors to the polls, get-out-the-vote

 

23  activities, slate cards, challengers, poll watchers, and poll

 

24  workers.

 

25        Sec. 33. (1) A committee, other than an independent

 

26  committee or a political committee required to file with the

 

27  secretary of state, supporting or opposing a candidate shall file

 

 1  complete campaign statements as required by this act and the

 

 2  rules promulgated under this act. The campaign statements shall

 

 3  be filed according to the following schedule:

 

 4        (a) A preelection campaign statement shall be filed not

 

 5  later than the eleventh day before an election. The closing date

 

 6  for a campaign statement filed under this subdivision shall be

 

 7  the sixteenth day before the election.

 

 8        (b) A postelection campaign statement shall be filed not

 

 9  later than the thirtieth day following the election. The closing

 

10  date for a campaign statement filed under this subdivision shall

 

11  be the twentieth day following the election. A committee

 

12  supporting a candidate who loses the primary election shall file

 

13  closing campaign statements in accordance with this section. If

 

14  all liabilities of such a candidate or committee are paid before

 

15  the closing date and additional contributions are not expected,

 

16  the campaign statement may be filed at any time after the

 

17  election, but not later than the thirtieth day following the

 

18  election.

 

19        (2) For the purposes of subsection (1):

 

20        (a) A candidate committee shall file a preelection campaign

 

21  statement and a postelection campaign statement for each election

 

22  in which the candidate seeks nomination or election, except if an

 

23  individual becomes a candidate after the closing date for the

 

24  preelection campaign statement only the postelection campaign

 

25  statement is required for that election.

 

26        (b) A committee other than a candidate committee shall file

 

27  a campaign statement for each period during which expenditures

 

 1  are made for the purpose of influencing the nomination or

 

 2  election of a candidate or for the qualification, passage, or

 

 3  defeat of a ballot question.

 

 4        (3) An independent committee or a political committee other

 

 5  than a house political party caucus committee or senate political

 

 6  party caucus committee required to file with the secretary of

 

 7  state shall file campaign statements as required by this act

 

 8  according to the following schedule:

 

 9        (a) In an odd numbered year:

 

10        (i) Not later than January 31 of that year with a closing

 

11  date of December 31 of the previous year.

 

12        (ii) Not later than July 25 with a closing date of July 20.

 

13        (iii) Not later than October 25 with a closing date of October

 

14  20.

 

15        (b) In an even numbered year:

 

16        (i) Not later than April 25 of that year with a closing date

 

17  of April 20 of that year.

 

18        (ii) Not later than July 25 with a closing date of July 20.

 

19        (iii) Not later than October 25 with a closing date of October

 

20  20.

 

21        (4) A house political party caucus committee or a senate

 

22  political party caucus committee required to file with the

 

23  secretary of state shall file campaign statements as required by

 

24  this act according to the following schedule:

 

25        (a) Not later than January 31 of each year with a closing

 

26  date of December 31 of the immediately preceding year.

 

27        (b) Not later than April 25 of each year with a closing date

 

 1  of April 20 of that year.

 

 2        (c) Not later than July 25 of each year with a closing date

 

 3  of July 20 of that year.

 

 4        (d) Not later than October 25 of each year with a closing

 

 5  date of October 20 of that year.

 

 6        (e) For the period beginning on the fourteenth day

 

 7  immediately preceding a primary or special primary election and

 

 8  ending on the day immediately following the primary or special

 

 9  primary election, not later than 4 p.m. each business day with a

 

10  closing date of the immediately preceding day, only for a

 

11  contribution received or expenditure made that exceeds $1,000.00

 

12  per day.

 

13        (f) For the period beginning on the fourteenth day

 

14  immediately preceding a general or special election and ending on

 

15  the day immediately following the general or special election,

 

16  not later than 4 p.m. each business day with a closing date of

 

17  the immediately preceding day, only for a contribution received

 

18  or expenditure made that exceeds $1,000.00 per day.

 

19        (5) Notwithstanding subsection (3) or (4) or section 51, if

 

20  an independent expenditure is made within 45 days before a

 

21  special election by an independent committee or a political

 

22  committee required to file a campaign statement with the

 

23  secretary of state, a report of the expenditure shall be filed by

 

24  the committee with the secretary of state within 48 hours after

 

25  the expenditure. The report shall be made on a form provided by

 

26  the secretary of state and shall include the date of the

 

27  independent expenditure, the amount of the expenditure, a brief

 

 1  description of the nature of the expenditure, and the name and

 

 2  address of the person to whom the expenditure was paid. The brief

 

 3  description of the expenditure shall include either the name of

 

 4  the candidate and the office sought by the candidate or the name

 

 5  of the ballot question and shall state whether the expenditure

 

 6  supports or opposes the candidate or ballot question. This

 

 7  subsection does not apply if the committee is required to report

 

 8  the independent expenditure in a campaign statement that is

 

 9  required to be filed before the date of the election for which

 

10  the expenditure was made.

 

11        (6) A candidate committee or a committee other than a

 

12  candidate committee that files a written statement under section

 

13  24(5) or (6) need not is not required to file a campaign

 

14  statement under subsection (1), (3), or (4) unless it received or

 

15  expended an amount in excess of $1,000.00. If the committee

 

16  receives or expends an amount in excess of $1,000.00 during a

 

17  period covered by a filing, the committee is then subject to the

 

18  campaign filing requirements under this act.

 

19        (7) A committee, candidate, treasurer, or other individual

 

20  designated as responsible for the committee's record keeping,

 

21  report preparation, or report filing who fails to file a

 

22  statement as required by this section shall pay a late filing

 

23  fee. If the committee has raised $10,000.00 or less during the

 

24  previous 2 years, the late filing fee shall be $25.00 for each

 

25  business day the statement remains unfiled, but not to exceed

 

26  $500.00. If the committee has raised more than $10,000.00 during

 

27  the previous 2 years, the late filing fee shall not exceed

 

 1  $1,000.00, determined as follows:

 

 2        (a) Twenty-five dollars for each business day the report

 

 3  remains unfiled.

 

 4        (b) An additional $25.00 for each business day after the

 

 5  first 3 business days the report remains unfiled.

 

 6        (c) An additional $50.00 for each business day after the

 

 7  first 10 business days the report remains unfiled.

 

 8        (8) If a candidate, treasurer, or other individual

 

 9  designated as responsible for the committee's record keeping,

 

10  report preparation, or report filing fails to file 2 statements

 

11  required by this section or section 35 and both of the statements

 

12  remain unfiled for more than 30 days, that candidate, treasurer,

 

13  or other designated individual is guilty of a misdemeanor,

 

14  punishable by a fine of not more than $1,000.00, or imprisonment

 

15  for not more than 90 days, or both.

 

16        (9) If a candidate is found guilty of a violation of this

 

17  section, the circuit court for that county, on application by the

 

18  attorney general or the prosecuting attorney of that county, may

 

19  prohibit that candidate from assuming the duties of a public

 

20  office or from receiving compensation from public funds, or both.

 

21        (10) If a treasurer or other individual designated as

 

22  responsible for a committee's record keeping, report preparation,

 

23  or report filing knowingly files an incomplete or inaccurate

 

24  statement or report required by this section, that treasurer or

 

25  other designated individual is subject to a civil fine of not

 

26  more than $1,000.00.

 

27        Sec. 35. (1) In addition to any other requirements of this

 

 1  act for filing a campaign statement, a committee, other than an

 

 2  independent committee or a political committee required to file

 

 3  with the secretary of state, shall also file a each of the

 

 4  following campaign statements:

 

 5        (a) A campaign statement not later than January 31 of each

 

 6  even numbered year. The campaign statement shall have a closing

 

 7  date of December 31 of the previous year. The period covered by

 

 8  the campaign statement filed pursuant to this subsection begins

 

 9  the day after the closing date of the previous campaign

 

10  statement. A campaign statement filed pursuant to this subsection

 

11  shall be waived if a postelection campaign statement has been

 

12  filed that has a filing deadline within 30 days of the closing

 

13  date of the campaign statement required by this subsection.

 

14        (b) In each even numbered year, a campaign statement not

 

15  later than April 30 with a closing date of March 31.

 

16        (2) In addition to any other requirements of this act for

 

17  filing a campaign statement, a committee shall also file campaign

 

18  statements not later than the following dates in odd numbered

 

19  years:

 

20        (a) January 31 with a closing date of December 31 of the

 

21  previous year.

 

22        (b) April 25 with a closing date of April 20.

 

23        (c) July 25 with a closing date of July 20.

 

24        (d) October 25 with a closing date of October 20.

 

25        (3) (2) Subsection (1) or (2) does not apply to a candidate

 

26  committee for an officeholder who is a judge or a supreme court

 

27  justice, or who holds an elective office for which the salary is

 

 1  less than $100.00 a month and who does not receive any a

 

 2  contribution or make any an expenditure during the time that

 

 3  would be otherwise covered in the statement.

 

 4        (4) (3) A committee, candidate, treasurer, or other

 

 5  individual designated as responsible for the record keeping,

 

 6  report preparation, or report filing for a candidate committee of

 

 7  a candidate for state elective office or a judicial office who

 

 8  fails to file a campaign statement under this section shall be

 

 9  assessed a late filing fee. If the committee has raised

 

10  $10,000.00 or less during the previous 2 years, the late filing

 

11  fee shall be $25.00 for each business day the campaign statement

 

12  remains unfiled, but not to exceed $500.00. If the committee has

 

13  raised more than $10,000.00 during the previous 2 years, the late

 

14  filing fee shall be $50.00 for each business day the campaign

 

15  statement remains unfiled, but not to exceed $1,000.00. The late

 

16  filing fee assessed under this subsection shall be paid by the

 

17  candidate, and the candidate shall not use committee funds to pay

 

18  that fee. A committee, treasurer, or other individual designated

 

19  as responsible for the record keeping, report preparation, or

 

20  report filing for a committee other than a candidate committee of

 

21  a candidate for state elective office or a judicial office who

 

22  fails to file a campaign statement under this section shall pay a

 

23  late filing fee of $25.00 for each business day the campaign

 

24  statement remains not filed in violation of this section. The

 

25  late filing fee shall not exceed $500.00.

 

26        (5) (4) A committee filing a written statement pursuant to

 

27  under section 24(5) or (6) need not is not required to file a

 

 1  statement in accordance with under subsection (1). If a committee

 

 2  receives or expends more than $1,000.00 during a time period

 

 3  prescribed by section 24(5) or (6), the committee is then subject

 

 4  to the campaign filing requirements under this act and shall file

 

 5  a campaign statement for the period beginning the day after the

 

 6  closing date of the last postelection campaign statement or an

 

 7  annual campaign statement that is waived pursuant to under

 

 8  subsection (1), whichever occurred earlier.

 

 9        (6) (5) If a candidate, treasurer, or other individual

 

10  designated as responsible for the record keeping, report

 

11  preparation, or report filing fails to file 2 statements required

 

12  by this section or section 33 and both of the statements remain

 

13  unfiled for more than 30 days, that candidate, treasurer, or

 

14  other designated individual is guilty of a misdemeanor,

 

15  punishable by a fine of not more than $1,000.00, or imprisonment

 

16  for not more than 90 days, or both.

 

17        (7) (6) If a treasurer or other individual designated as

 

18  responsible for the record keeping, report preparation, or report

 

19  filing for a committee required to file a campaign statement

 

20  under subsection (1) knowingly files an incomplete or inaccurate

 

21  statement or report required by this section, that treasurer or

 

22  other designated individual is subject to a civil fine of not

 

23  more than $1,000.00.

 

24        Sec. 41. (1) A person shall not make or accept a single

 

25  contribution of more than $20.00 in cash or make or accept a

 

26  single expenditure of more than $50.00 in cash. Contributions of

 

27  more than $20.00 and expenditures of more than $50.00, other than

 

 1  an in-kind contribution or expenditure, shall be made by written

 

 2  instrument containing the names of the payor and the payee.

 

 3        (2) A person shall not accept or expend an anonymous

 

 4  contribution. An anonymous contribution received by a person

 

 5  shall not be deposited but shall be given to a tax exempt

 

 6  charitable organization. The charitable organization receiving

 

 7  the contribution shall provide the person with a receipt. The

 

 8  receipt shall be retained by an appropriate committee pursuant to

 

 9  section 22.

 

10        (3) A contribution received as the result of a fund-raising

 

11  event or casual services or from the sale of political

 

12  merchandise that is $20.00 or less in the aggregate from a person

 

13  in any calendar year is not considered an anonymous contribution.

 

14  A contribution received from membership fees, dues, or

 

15  subscriptions for political purposes to an independent committee

 

16  or a political party committee that is $20.00 or less in the

 

17  aggregate from a person in any calendar year is not considered an

 

18  anonymous contribution.

 

19        (4) A person making a contribution pursuant to subsection

 

20  (3) that is more than $20.00 in any calendar year when added to

 

21  all other contributions made to that committee by that person

 

22  shall furnish the recipient with the donor's name, address, and

 

23  the total amount contributed.

 

24        (5) (3) A contribution shall not be made, directly or

 

25  indirectly, by any person in a name other than the name by which

 

26  that person is identified for legal purposes.

 

27        (6) (4) A person who knowingly violates this section is

 

 1  guilty of a misdemeanor punishable, if the person is an

 

 2  individual, by a fine of not more than $1,000.00 or imprisonment

 

 3  for not more than 90 days, or both, or, if the person is other

 

 4  than an individual, by a fine of not more than $10,000.00.

 

 5        Sec. 42. (1) A person who accepts a contribution, other than

 

 6  by written instrument, on behalf of another and acts as the

 

 7  intermediary or agent of the person from whom the contribution

 

 8  was accepted shall disclose to the recipient of the contribution

 

 9  the intermediary's own name and address and the name and address

 

10  of the actual source of the contribution.

 

11        (2) A contribution of more than $20.00 from a person whose

 

12  treasurer does not reside in, whose principal office is not

 

13  located in, or whose funds are money is not kept in this state ,

 

14  shall not be accepted by a person for purposes of supporting or

 

15  opposing candidates for elective office or the qualification,

 

16  passage, or defeat of a ballot question unless accompanied by a

 

17  statement certified as true and correct by an officer of the

 

18  contributing person setting forth the full name and address along

 

19  with the amount contributed, of each person who contributed more

 

20  than $20.00 to the total amount of the contribution. The

 

21  occupation, employer, and principal place of business shall be

 

22  listed for each person who contributed more than $100.00 to the

 

23  total amount of the contribution. The certified statement shall

 

24  also state that the contribution was not made from an account

 

25  containing funds money prohibited by section 54. This subsection

 

26  does not apply if the contributing person is registered as a

 

27  committee under section 24.

 

 1        (3) A person shall not receive a contribution from a person

 

 2  other than a committee unless, for purposes of the recipient

 

 3  person's record keeping and reporting requirements, the

 

 4  contribution is accompanied by the name and address of each

 

 5  person who contributed more than $20.00 to the total amount of

 

 6  the contribution and the name, address, occupation, employer, and

 

 7  principal place of business of each person who contributed more

 

 8  than $100.00 to the total amount of the contribution.

 

 9        (4) A contribution from a person whose treasurer does not

 

10  reside in, whose principal office is not located in, or whose

 

11  money is not kept in this state shall not be accepted by a person

 

12  for purposes of supporting or opposing candidates for elective

 

13  office if the contributing person has received contributions on

 

14  an automatic basis, including, but not limited to, a payroll

 

15  deduction plan, unless the contribution is accompanied by a

 

16  statement, certified as true and correct by an officer of the

 

17  contributing person, setting forth that all contributions

 

18  received on an automatic basis are in full compliance with

 

19  section 55.

 

20        (5) A person who knowingly violates this section is guilty

 

21  of a misdemeanor punishable, if the person is an individual, by a

 

22  fine of not more than $1,000.00 or imprisonment for not more than

 

23  90 days, or both, or, if the person is other than an individual,

 

24  by a fine of not more than $10,000.00.

 

25        Sec. 43a. (1) A candidate committee shall not pay the

 

26  candidate, and a candidate shall not receive from his or her

 

27  candidate committee, wages, a salary, or other employment

 

 1  compensation. This section does not prohibit reimbursements from

 

 2  a candidate committee to a candidate for campaign-related

 

 3  expenses made by the candidate on behalf of the candidate

 

 4  committee.

 

 5        (2) An individual who knowingly violates this section is

 

 6  guilty of a misdemeanor punishable by imprisonment for not more

 

 7  than 90 days or a fine of not more than $1,000.00, or both. A

 

 8  committee that violates this section is subject to a fine of not

 

 9  more than $10,000.00.

 

10        Sec. 48. (1) A communication advocating the election or

 

11  defeat of a candidate that is designed to contact electors

 

12  through automated telephonic, electronic mail, or other

 

13  electronic means and to which section 47 does not apply shall

 

14  clearly state the name and the address or telephone number of the

 

15  person paying for the communication.

 

16        (2) If the communication described in subsection (1)

 

17  advocates the election or defeat of a candidate and is an

 

18  independent expenditure not authorized in writing by that

 

19  candidate's candidate committee, the communication shall also

 

20  clearly state the following disclaimer: "Not authorized by any

 

21  candidate committee.". If the communication described in

 

22  subsection (1) advocates the election or defeat of a candidate

 

23  and is not an independent expenditure, but is paid for by a

 

24  person other than the candidate whom it advocates the election or

 

25  defeat of, the communication shall also clearly state the

 

26  following disclaimer:

 

 

1    "Authorized by ___________________________________________".

2             (name of candidate or name of candidate committee)

 

 

 3        (3) A telephonic communication described in subsection (1)

 

 4  shall state the name and the address or telephone number of the

 

 5  person paying for the communication and any disclaimers required

 

 6  under subsection (2) at the beginning of the telephonic

 

 7  communication. A telephonic communication described in subsection

 

 8  (1) shall not take place between the hours of 8 p.m. and 9 a.m.

 

 9  in the time zone within which the recipient of the telephonic

 

10  communication is located.

 

11        (4) For a visual communication governed by this section, the

 

12  director of elections shall promulgate rules regulating the size

 

13  and placement of an identification or disclaimer required by this

 

14  section.

 

15        (5) The secretary of state shall furnish to candidates and

 

16  post on its internet website information regarding the

 

17  prohibitions in this section.

 

18        (6) A person who knowingly violates this section is guilty

 

19  of a crime as follows:

 

20        (a) For the first violation, the person is guilty of a

 

21  misdemeanor punishable by imprisonment for not more than 90 days

 

22  or a fine of not more than $500.00, or both.

 

23        (b) For the second violation, the person is guilty of a

 

24  misdemeanor punishable by imprisonment for not more than 93 days

 

25  or a fine of not more than $1,000.00, or both.

 

26        (c) For the third or subsequent violation, the person is

 

27  guilty of a misdemeanor punishable by imprisonment for not more


 

 1  than 93 days or a fine of not more than $2,500.00, or both.

 

 2        Sec. 52. (1) Except as provided in subsection (5) or (11)

 

 3  and subject to subsection (8), a person other than an independent

 

 4  committee or a political party committee shall not make

 

 5  contributions to a candidate committee of a candidate for

 

 6  elective office that, with respect to an election cycle, are more

 

 7  than the following:

 

 8        (a) $3,400.00 for a candidate for state elective office

 

 9  other than the office of state legislator, or for a candidate for

 

10  local elective office if the district from which he or she is

 

11  seeking office has a population of more than 250,000.

 

12        (b) $1,000.00 for a candidate for state senator, or for a

 

13  candidate for local elective office if the district from which he

 

14  or she is seeking office has a population of more than 85,000 but

 

15  250,000 or less.

 

16        (c) $500.00 for a candidate for state representative, or for

 

17  a candidate for local elective office if the district from which

 

18  he or she is seeking office has a population of 85,000 or less.

 

19        (2) Except as otherwise provided in this subsection and

 

20  subsection (12), an independent committee shall not make

 

21  contributions to a candidate committee of a candidate for

 

22  elective office that, in the aggregate for that election cycle,

 

23  are more than 10 times the amount permitted a person other than

 

24  an independent committee or political party committee in

 

25  subsection (1). A house political party caucus committee or a

 

26  senate political party caucus committee is not limited under this

 

27  subsection in the amount of contributions made to the candidate


 

 1  committee of a candidate for the office of state legislator,

 

 2  except as follows:

 

 3        (a) A house political party caucus committee or a senate

 

 4  political party caucus committee shall not pay a debt incurred by

 

 5  a candidate if that debt was incurred while the candidate was

 

 6  seeking nomination at a primary election and the candidate was

 

 7  opposed at that primary.

 

 8        (b) A house political party caucus committee or a senate

 

 9  political party caucus committee shall not make a contribution to

 

10  or make an expenditure on behalf of a candidate if that candidate

 

11  is seeking nomination at a primary election and the candidate is

 

12  opposed at that primary.

 

13        (3) A political party committee other than a state central

 

14  committee shall not make contributions to the candidate committee

 

15  of a candidate for elective office that are more than 10 times

 

16  the amount permitted a person other than an independent committee

 

17  or political party committee in subsection (1).

 

18        (4) A state central committee of a political party shall not

 

19  make contributions to the candidate committee of a candidate for

 

20  state elective office other than a candidate for the legislature

 

21  that are more than 20 times the amount permitted a person other

 

22  than an independent committee or political party committee in

 

23  subsection (1). A state central committee of a political party

 

24  shall not make contributions to the candidate committee of a

 

25  candidate for state senator, state representative, or local

 

26  elective office that are more than 10 times the amount permitted

 

27  a person other than an independent committee or political party


 

 1  committee in subsection (1).

 

 2        (5) A contribution from a member of a candidate's immediate

 

 3  family to the candidate committee of that candidate is exempt

 

 4  from the limitations of subsection (1).

 

 5        (6) Consistent with the provisions of this section, a

 

 6  contribution designated in writing for a particular election

 

 7  cycle is considered made for that election cycle. A contribution

 

 8  made after the close of a particular election cycle and

 

 9  designated in writing for that election cycle shall be made only

 

10  to the extent that the contribution does not exceed the candidate

 

11  committee's net outstanding debts and obligations from the

 

12  election cycle so designated. If a contribution is not designated

 

13  in writing for a particular election cycle, the contribution is

 

14  considered made for the election cycle that corresponds to the

 

15  date of the written instrument.

 

16        (7) A candidate committee, a candidate, or a treasurer or

 

17  agent of a candidate committee shall not accept a contribution

 

18  with respect to an election cycle that exceeds the limitations in

 

19  subsection (1), (2), (3), (4), (11), or (12).

 

20        (8) The contribution limits in subsection (1) for a

 

21  candidate for local elective office are effective on the

 

22  effective date of the amendatory act that provides for those

 

23  contribution limits, however, only contributions received by that

 

24  candidate on and after that date shall be used to determine if

 

25  the contribution limit has been reached.

 

26        (9) A person who knowingly violates this section is guilty

 

27  of a misdemeanor punishable, if the person is an individual, by a


 

 1  fine of not more than $1,000.00 or imprisonment for not more than

 

 2  90 days, or both, or, if the person is not an individual, by a

 

 3  fine of not more than $10,000.00.

 

 4        (10) For purposes of the limitations provided in subsections

 

 5  (1) and (2), all contributions made by political committees or

 

 6  independent committees established by any corporation, joint

 

 7  stock company, or domestic dependent sovereign, or labor

 

 8  organization, including any parent, subsidiary, branch, division,

 

 9  department, or local unit thereof, shall be considered to have

 

10  been made by a single independent committee. By way of

 

11  illustration and not limitation, all both of the following apply

 

12  as a result of the application of this requirement:

 

13        (a) All of the political committees and independent

 

14  committees established by a for profit corporation or joint stock

 

15  company, by a subsidiary of the for profit corporation or joint

 

16  stock company, or by any combination thereof, are treated as a

 

17  single independent committee.

 

18        (b) All of the political committees and independent

 

19  committees established by a single national or international

 

20  labor organization, by a labor organization of that national or

 

21  international labor organization, by a local labor organization

 

22  of that national or international labor organization, or by any

 

23  other subordinate organization of that national or international

 

24  labor organization, or by any combination thereof, are treated as

 

25  a single independent committee.

 

26        (c) All of the political committees and independent

 

27  committees established by an organization of national or


 

 1  international unions, by a state central body of that

 

 2  organization, by a local central body of that organization, or by

 

 3  any combination thereof, are treated as a single independent

 

 4  committee.

 

 5        (b) (d) All of the political committees and independent

 

 6  committees established by a nonprofit corporation, by a related

 

 7  state entity of that nonprofit corporation, by a related local

 

 8  entity of that nonprofit corporation, or by any combination

 

 9  thereof, are treated as a single independent committee.

 

10        (11) The limitation on a political committee's contributions

 

11  under subsection (1) does not apply to contributions that are

 

12  part of 1 or more bundled contributions delivered to the

 

13  candidate committee of a candidate for statewide elective office

 

14  and that are attributed to the political committee as prescribed

 

15  in section 31. A political committee shall not make contributions

 

16  to a candidate committee of a candidate for statewide elective

 

17  office that are part of 1 or more bundled contributions delivered

 

18  to that candidate committee, that are attributed to the political

 

19  committee as prescribed in section 31, and that, in the aggregate

 

20  for that election cycle, are more than the amount permitted a

 

21  person other than an independent committee or political party

 

22  committee in subsection (1).

 

23        (12) The limitation on an independent committee's

 

24  contributions under subsection (2) does not apply to

 

25  contributions that are part of 1 or more bundled contributions

 

26  delivered to the candidate committee of a candidate for statewide

 

27  elective office and that are attributed to the independent


 

 1  committee as prescribed in section 31. An independent committee

 

 2  shall not make contributions to a candidate committee of a

 

 3  candidate for statewide elective office that are part of 1 or

 

 4  more bundled contributions delivered to that candidate committee,

 

 5  that are attributed to the independent committee as prescribed in

 

 6  section 31, and that, in the aggregate for that election cycle,

 

 7  are more than 10 times the amount permitted a person other than

 

 8  an independent committee or political party committee in

 

 9  subsection (1).

 

10        Sec. 55. (1) A corporation organized on a for profit or

 

11  nonprofit basis, a joint stock company, a domestic dependent

 

12  sovereign, or a labor organization formed under the laws of this

 

13  or another state or foreign country may make an expenditure for

 

14  the establishment and administration and solicitation of

 

15  contributions to a separate segregated fund to be used for

 

16  political purposes. A separate segregated fund established under

 

17  this section shall be limited to making contributions to, and

 

18  expenditures on behalf of, candidate committees, ballot question

 

19  committees, political party committees, political committees, and

 

20  independent committees.

 

21        (2) Contributions for a separate segregated fund established

 

22  by a corporation, organized on a for profit basis, or a joint

 

23  stock company under this section may be solicited from any of the

 

24  following persons or their spouses:

 

25        (a) Stockholders of the corporation or company.

 

26        (b) Officers and directors of the corporation or company.

 

27        (c) Employees of the corporation or company who have policy


 

 1  making, managerial, professional, supervisory, or administrative

 

 2  nonclerical responsibilities.

 

 3        (3) Contributions for a separate segregated fund established

 

 4  under this section by a corporation organized on a nonprofit

 

 5  basis may be solicited from any of the following persons or their

 

 6  spouses:

 

 7        (a) Members of the corporation who are individuals.

 

 8        (b) Stockholders of members of the corporation.

 

 9        (c) Officers or directors of members of the corporation.

 

10        (d) Employees of the members of the corporation who have

 

11  policy making, managerial, professional, supervisory, or

 

12  administrative nonclerical responsibilities.

 

13        (e) Employees of the corporation who have policy making,

 

14  managerial, professional, supervisory, or administrative

 

15  nonclerical responsibilities.

 

16        (4) Contributions for a separate segregated fund established

 

17  under this section by a labor organization may be solicited from

 

18  any of the following persons or their spouses:

 

19        (a) Members of the labor organization who are individuals.

 

20        (b) Officers or directors of the labor organization.

 

21        (c) Employees of the labor organization who have policy

 

22  making, managerial, professional, supervisory, or administrative

 

23  nonclerical responsibilities.

 

24        (5) Contributions for a separate segregated fund established

 

25  under this section by a domestic dependent sovereign may be

 

26  solicited from an individual who is a member of any domestic

 

27  dependent sovereign.

 

 1        (6) Contributions shall not be obtained for a separate

 

 2  segregated fund established under this section by use of coercion

 

 3  or physical force, by making a contribution a condition of

 

 4  employment or membership, or by using or threatening to use job

 

 5  discrimination or financial reprisals. A corporation organized on

 

 6  a for profit or nonprofit basis, a joint stock company, a

 

 7  domestic dependent sovereign, or a labor organization shall not

 

 8  solicit or obtain contributions for a separate segregated fund

 

 9  established under this section from an individual described in

 

10  subsection (2), (3), (4), or (5) on an automatic or a passive

 

11  basis including but not limited to a payroll deduction plan or

 

12  reverse checkoff method. A corporation organized on a for profit

 

13  or nonprofit basis, a joint stock company, a domestic dependent

 

14  sovereign, or a labor organization may solicit or obtain

 

15  contributions for a separate segregated fund established under

 

16  this section from an individual described in subsection (2), (3),

 

17  (4), or (5) on an automatic basis, including but not limited to a

 

18  payroll deduction plan, only if the individual who is

 

19  contributing to the fund affirmatively consents in writing to the

 

20  contribution. at least once in every calendar year.

 

21        (7) A person who knowingly violates this section is guilty

 

22  of a felony punishable, if the person is an individual, by a fine

 

23  of not more than $5,000.00 or imprisonment for not more than 3

 

24  years, or both, or, if the person is not an individual, by a fine

 

25  of not more than $10,000.00.

 

26        (8) If a corporation, joint stock company, domestic

 

27  dependent sovereign, or labor organization that obtains


 

 1  contributions for a separate segregated fund from individuals

 

 2  described in subsection (2), (3), (4), or (5) pays to 1 or more

 

 3  of those individuals a bonus or other remuneration for the

 

 4  purpose of reimbursing those contributions, then that

 

 5  corporation, joint stock company, domestic dependent sovereign,

 

 6  or labor organization is subject to a civil fine equal to 2 times

 

 7  the total contributions obtained from all individuals for the

 

 8  separate segregated fund during that calendar year.

 

 9        Sec. 57. (1) A public body or an individual acting for a

 

10  public body shall not use or authorize the use of funds,

 

11  personnel, office space, computer hardware or software, property,

 

12  stationery, postage, vehicles, equipment, supplies, or other

 

13  public resources to make a contribution or expenditure or provide

 

14  volunteer personal services that are excluded from the definition

 

15  of contribution under section 4(3)(a). This subsection does not

 

16  apply to any of the following:

 

17        (a) The expression of views by an elected or appointed

 

18  public official who has policy making responsibilities.

 

19        (b) The production or dissemination of factual information

 

20  concerning issues relevant to the function of the public body.

 

21        (c) The production or dissemination of debates, interviews,

 

22  commentary, or information by a broadcasting station, newspaper,

 

23  magazine, or other periodical or publication in the regular

 

24  course of broadcasting or publication.

 

25        (d) The use of a public facility owned or leased by, or on

 

26  behalf of, a public body if any candidate or committee has an

 

27  equal opportunity to use the public facility.

 

 1        (e) The use of a public facility owned or leased by, or on

 

 2  behalf of, a public body if that facility is primarily used as a

 

 3  family dwelling and is not used to conduct a fund-raising event.

 

 4        (f) An elected or appointed public official or an employee

 

 5  of a public body who, when not acting for a public body but is on

 

 6  his or her own personal time, is expressing his or her own

 

 7  personal views, is expending his or her own personal funds, or is

 

 8  providing his or her own personal volunteer services.

 

 9        (g) The use of public resources to permit a public employee,

 

10  including, but not limited to, employees of public universities,

 

11  to contribute to a separate segregated fund of the employee's

 

12  collective bargaining representative by payroll deduction,

 

13  provided that the collective bargaining representative provides

 

14  full compensation for the value of the resources used to the

 

15  public body.

 

16        (2) A person who knowingly violates this section is guilty

 

17  of a misdemeanor punishable, if the person is an individual, by a

 

18  fine of not more than $1,000.00 or imprisonment for not more than

 

19  1 year, or both, or if the person is not an individual, by 1 of

 

20  the following, whichever is greater:

 

21        (a) A fine of not more than $20,000.00.

 

22        (b) A fine equal to the amount of the improper contribution

 

23  or expenditure.